Can you get unemployment when fired in California? EDD claim approved after termination

That's really good to hear. So how does EDD actually determine this? Does someone review my side of the story or just take what my employer says?

Both sides get to present their version. When your claim goes into adjudication, California EDD sends questionnaires to both you and your former employer. Fill yours out thoroughly and explain exactly what happened with the schedule change - dates, who changed it, whether you were notified, everything. Documentation is huge here.

this is accurate. i was fired 'for cause' two years ago and got approved after adjudication. took about 5 weeks but they sided with me because my employer couldn't prove i knowingly violated policy

I do have texts from my group chat showing the schedule was changed day-of with less than 8 hours notice. Will that kind of thing actually help in adjudication?

Absolutely keep those texts. Screenshot everything. Adjudication at California EDD can go either way and evidence matters a lot. You'll want to reference those messages specifically when you respond to their questionnaire.

omg yes the texts are literally everything. saved my claim last year

Six hours and still no answer?? That's wild. I've tried calling twice already and gave up after 45 minutes each time. I'll check out that Claimyr thing for sure.

seconding this. the edd phone lines are genuinely impossible. claimyr got me through in like an hour when i had been trying for days on my own

is it legit though? seems sketchy that something can just get you through to edd faster than calling yourself

I was skeptical too honestly but it worked. They don't ask for anything weird. It just handles the phone queue part that kills everyone's entire day.

No, that's not how it works. If California EDD approves your claim and you receive benefits legitimately, you don't owe anything back just because your employer appeals. If an appeal later reverses the decision then EDD would send an overpayment notice but that's a separate process and there are ways to handle it. Don't let fear of that stop you from filing if you think you qualify.

ok ok that makes more sense. i was thinking like the whole thing was a trap lol

This is super helpful thank you. Did you keep filing weekly certifications while adjudication was going on? I wasn't sure if I was supposed to keep doing that.

YES. Keep certifying every week no matter what. This is really important. If you get approved but stopped certifying, you miss out on those weeks of benefits. Keep certifying even if your portal shows pending or adjudication in progress.

Cannot stress this enough. Keep certifying weekly. People lose weeks of payment they were entitled to because they stopped doing it during adjudication.

8 weeks is terrifying honestly. I have rent due next month.

Apply for any emergency resources in your area while you wait. Food banks, utility assistance programs, whatever's available. Don't wait for EDD to come through to start looking at your options.

this is actually good advice. edd timelines are unpredictable

That's actually a huge relief. My employer's written termination notice literally just says 'attendance issues' with no specifics at all.

That vague language actually works in your favor. EDD adjudicators look for specifics. 'Attendance issues' without more detail is going to be hard for your employer to build a misconduct case around.

Exactly right. Burden of proof is key. Vague employer responses in adjudication often result in the claimant winning by default.

File immediately if you haven't yet! I've read that your benefit year starts from when you file not from when you got fired so every day you wait could potentially cost you.

omg i didn't know that, filing tonight

Yes file right away. Benefits are calculated from your filing date so don't wait.

Yeah I'm definitely going to try this if my adjudication goes past a couple more weeks without movement. The portal showing nothing is driving me crazy.

I tried calling edd this morning and hung up after 30 minutes. might actually just try claimyr at this point

I had no idea appeals were a thing. That's really comforting to know there's a backup option if adjudication doesn't go my way.

Absolutely. The appeals process is independent from the initial adjudication. Different people review it. And the hearing is your chance to actually tell your story directly rather than through written questionnaires.

The appeal hearing is genuinely better than adjudication in my opinion. You can actually respond to what your employer claims in real time.

Yes, job search requirements apply to most claimants even while adjudication is ongoing. California EDD requires three job search activities per week for most UI claimants. You'll need to record these in your weekly certification. If you're on standby or certain other specific situations you might be exempt but the default is yes, you need to be actively looking.

three per week seems like a lot tbh

It's not as much as it sounds once you get into it. Applying online counts, sending your resume out counts, even making a phone inquiry to an employer can count. Keep a log of everything with dates.

That's encouraging to hear. Thank you for sharing that.

just document everything and respond to everything they send you. that's really all you can do at that point

That's a fair point. A single incident vs. a pattern of behavior is a real distinction California EDD makes. That said, if the pattern was caused by an employer changing schedules without notice, that context matters and should be explained in the questionnaire.

Mine was two missed shifts in four years of employment. I'm hoping that context helps.

Four years of employment with two incidents is a very strong position. That's not a pattern by any reasonable standard.

Employers don't see the amount you're collecting but they do get notified when a former employee files a claim and they have the opportunity to respond. If they protest your claim it goes into adjudication. But their ability to actually block your benefits depends entirely on whether they can prove misconduct - they can't just say 'I don't want them to get benefits' and have it work.

ok that's kinda what i figured. he'll probably fight it but hopefully edd sees through it

Vindictive employers who file vague or unsupported responses to EDD actually tend to lose. Adjudicators are experienced with this dynamic.

File your weekly certifications no matter what and respond to every piece of mail or message from EDD promptly. Those two things are the most important things you can control right now.

Noted. Certifying weekly even though nothing has been approved yet feels weird but I'll keep doing it

Oh wow I actually did almost leave that blank because I wasn't sure what to put there. Glad you mentioned this.

Fill it in. Be specific and factual. Dates, names, what was said, what wasn't said. The adjudicators read it.

This is excellent advice. The narrative matters. EDD adjudicators have a lot of cases and a clear coherent explanation of what happened goes a long way.

Good luck!! Make sure you watch for any mail or portal messages from EDD - respond to everything fast

will do. also starting my job search log tonight just in case

bookmarking this. haven't needed it yet but the way edd phones are i probably will

yeah the edd phone line is legitimately impossible i tried for three days before giving up

Agreed - everyone here has been super helpful. I feel way more prepared for adjudication now than I did when I posted.

Good luck OP. Come back and update us on how it goes.

Will do. If adjudication goes well I'll post an update in case it helps someone else in the same situation searching for this.